Full Custody?

We often receive phone calls from parents getting ready to go through a divorce, asking if they can get “full custody” of the children. Full custody is not a term defined in the Missouri statutes and should not be used in any court judgment. Parents need to be familiar with Missouri law and the terms…

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Tort Reform Arguments are Unsupported

In 2012, the Missouri Supreme Court found that Section 538.210 RSMo., which capped non-economic damages in medical malpractice cases, violated the right to a jury trial guaranteed under the Missouri Constitution. Earlier this month, medical professionals attended a full day of hearings in Jefferson City, seeking to convince the Missouri House of Representatives to reinstate…

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An $80,000 Facebook Post?

Facebook, in its tenth year of existence, has become a staple for sharing and connecting with friends and family, both near and far. Unfortunately for some, it has become a source of great loss. Last week, a Florida Appeals court said that the Gulliver Preparatory School no longer needed to pay an $80,000.00 employment discrimination…

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When Should Third Parties Get Child Custody?

Typically, “custody battles” involve a mom and a dad, fighting over one or more of their children. In the child custody case, Mom tries to prove that dad is unfit to care for the children, or at the very least, that she is more fit to care for the children than dad, with dad trying…

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With Marital Debt, Do Us Part

Divorcing couples in Missouri today may find themselves dividing more than just their home and their bank accounts. Many couples actually have substantial debt that must be divided, and Missouri courts are now required to make specific findings regarding the division of marital and non-marital debt. Unfortunately, “martial debt” is not defined in the Missouri…

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Tort Reform and Reservation of Rights in Missouri

In 2012, the Missouri Supreme Court found that Section 538.210 RSMo., which capped non-economic damages in medical malpractice cases, violated the right to a jury trial guaranteed under the Missouri Constitution. Non-economic damages are those that compensate an individual for pain, suffering, etc. The statute capped these damages at $350,000.00. This statue was a key…

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Child Custody FAQ

Child custody cases always involve a lot of questions. Here are some answers to the most frequently asked questions with regards to child custody in our practice: How is child custody decided in Missouri? Missouri courts are required to determine what is in the “best interests” of the children. In determining the best interests of…

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The Super Bowl and Legal Liability

The Super Bowl is less than 48 hours away. If you are a betting football fan, you might want to pick the Seahawks based on the following fact: 85 % of the last 21 Super Bowls have been won by the team representing the city with the lower unemployment rate in the preceding year (Seattle…

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Yarbro Makes First ONSR Comments

In advance of the ONSR public meeting Tuesday night, January 21, 2014, in Van Buren, Missouri, I made written comments to the National Park Service regarding the proposed GMP. You can read my ONSR comments HERE. The meeting is being held at the Van Buren Youth & Community Center, located at the intersection of Business…

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Who Gets to Claim the Child on Taxes After Divorce

W-2’s are going out in the mail from employers and tax time is upon us. Many newly divorced parents wonder who gets to claim the child on taxes after divorce? As a general rule, under Missouri law, the custodial parent claims the dependency exemption for the eligible children. Unless there is an agreement otherwise, this…

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